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2022 Supreme(J&K) 336

SANJEEV KUMAR
Badri Nath – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: G.A. Lone, Mujeeb Andrabi.
For the Respondents: Aatir Javed Kawoosa, Areeb Javed Kawoosa.

JUDGMENT :

SANJEEV KUMAR, J.

1. The petitioner is aggrieved and has challenged order dated 13.05.2014 passed by the Financial Commissioner, J&K, Srinagar (F.C.) in Files No. 330/FC-AP and 454/FC-AP titled Badri Nath vs. Santosh Kumari and Santosh Kumari vs. Badri Nath respectively.

2. Vide order dated 19.04.2005 passed by the District Magistrate, Anantnag disposing of an application filed by respondent No. 7 herein titled Santosh Kumari vs. Badri Nath, Tehsildar, Kulgam was directed to evict unauthorized occupant and take possession on his behalf of the land falling under Khasras No. 6, 13, 14, 15, 54, 55 and 59 situated at Kharwat (‘the subject land’). Feeling aggrieved, the petitioner herein filed an appeal before the F.C. While the F.C. was seized of the said appeal, he received a Reference from the Settlement Commissioner, J&K, Srinagar (Settlement commissioner) with the recommendation to set aside order dated 06.11.2014 passed by the Assistant Commissioner, Kulgam pertaining to the subject land. The genesis of entire dispute between the petitioner and respondent No. 7 lies in the determination of a question, as to whether respondent No. 7 is an adopted daughter of the deceased An

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